Big decision of Supreme Court, adoptive mothers will also get equal maternity leave

New Delhi: In an important decision, the Supreme Court has strengthened the rights of adoptive mothers and canceled a provision which till now was discriminating against them. This decision not only brings changes in the law, but also gives a new identity to the process of adoption in the society.

On Tuesday, the Supreme Court declared as unconstitutional the section of the Social Security Code, 2020, in which it was said that maternity leave should be given only to mothers adopting children below three months of age. The court clearly said that now all adoptive mothers, irrespective of the age of the child, will be entitled to 12 weeks of maternity leave from the date of adoption.

The court explained why this rule was wrong

The bench of Justices JB Pardiwala and R Mahadevan said in its decision that this discrimination on the basis of age is a violation of Article 14 (right to equality) and Article 21 (right to life and personal liberty) of the Constitution. The court also said that the right to become a parent is not limited to biological birth only, adoption is also an equally important and valid method.

Older children need more time

The decision also said that children who are adopted when they grow up, need more time and care to adapt to the new environment. Therefore, maternity leave becomes even more important in their case. The court said that the interest of the child should be paramount.

Suggestions also given on paternity leave

During this time, the court also suggested to the Central Government that paternity leave should be seriously considered. With this, the responsibility of care will not be limited to the mother only and there will be balance in the family.

The decision came after the petition

This decision came on the petition of Karnataka lawyer Hamsanandini Nanduri, in which she had termed this provision as discriminatory. He said that due to the current rules, most adoptive parents are deprived of this benefit, because adoption of children under three months of age is very rare in India.